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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33739
Experience:  Began practicing law in 1992
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My Brother passed away in October this year he had no will

Customer Question

My Brother passed away in October this year he had no will in place all his Creditors, Mortgage company, Credit card, credit union Utilities have been notified, as a family we have decided to just let the mortgage company repo the house also his travel trailer through the credit union. My question is can we transfer his vehicles into one of our names (neither vehicle have money owed titles are free and clear) without any legal repercussion or problems from any of these Creditors ?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

No. The creditors have first claim against any property of the estate. Anyone who transfers the titles into their names, which you shouldn't be able to do without an order of the court, will be subject to a lawsuit by the creditors to recover the property as well as attorney's fees and c costs of court.